Our company did work for a client for several hundered dollars. The client accidentally sent the check to the wrong address, T&C Tech Solutions, Ukiah Computer Solutions, Ukiah Computers.
The checks were cashed illegally, either by changing the name or by directly depositing in hopes the bank wouldn't catch it.
According to my attorney, the following is true and actionable:
1. The client should report it to the local police.
2. The client should get front and back copies of the check.
3. Whoever cashed the check is the thief and is liable for the money.
4. This is a criminal case, the client or service provider shouldn't have to sue.
The client still owed me the check. They issued it to the wrong person and it is their money that was stolen not the service provider's. The client needs to file the criminal complaint but pay the service provider what they owe. The service provider never had possession of the money so it was stolen from client company through fraud and is a criminal offense.
It is most likely the FDIC's right to file federal charges against anyone found guilty of forgery to a bank they insure.
In either case, the person (s) who cashed check (s) not made out to them is in more trouble than they realize.
Matthew
Ukiah, California
U.S.A.
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